California Bankruptcy Exemptions’ System 2

Get Legal Help Today

 Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Jul 15, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Federal bankruptcy exemptions available? NO

California is often considered the maverick state, and its bankruptcy laws are no exception. California has not only opted out of the federal bankruptcy exemptions, but has also created two sets of exemptions of its own; one set is similar to the federal but not the same. This is California Exemptions-System 2. Most state exemptions give a major advantage to people who own their residences. In both the federal exemptions and California System 2, people who don’t own their homes can use some of that exemption to keep other property. California allows people filing for bankruptcy to use over twice as much as the federal exemptions for a wildcard.

Filers can choose between the two state systems. But they can’t use both systems at the same time. The exemption amounts in System 2 are the same for both single and married people. Married couples aren’t allowed to double the amounts.


United States Bankruptcy Court, Eastern District of California

United States Bankruptcy Court, Northern District of California

United States Bankruptcy Court, Southern District of California

United States Bankruptcy Court, Central District of California:

California Bankruptcy Attorneys

California Bankruptcy Exemptions – System 2
Asset Exemption State Statutes
Homestead Property, real or personal, used as a residence: up to $24,060. Any unused portion of this amount can be applied to any property. 703.140(b)(1)
Insurance Life insurance policy (unmatured) other than credit: all. 703.140(b)(7)
  Life insurance contract (unmatured): up to $12,860 in accrued avails. 703.140(b)(8)
  Disability benefits: all. 703.140(b)(10)(C)
  Life insurance proceeds: all necessary for support of family. 703.140(b)(11)(C)
Miscellaneous Child support and alimony: all necessary for support. 703.140(b)(10)(D)
Pensions Federal pension exemptions (see federal exemptions).  
  Benefits qualified under ERISA: all necessary for support. 703.140(b)(10)(E)
Personal Property Motor vehicle: up to $4,800. 703.140(b)(2)
  Furnishings, appliances, household goods, books, musical instruments, clothing, animals, and crops: up to $600 per item. 703.140(b)(3)
  Jewelry: up to $1,425 total. 703.140(b)(4)
  Health aids: all. 703.140(b)(9)
  Recoveries for wrongful death: all necessary for support. 703.140(b)(11)(B)
  Recoveries for personal injury of the debtor or a person on whom the debtor depends: up to $24,060, not including pain and suffering or pecuniary loss. 703.140(b)(11)(D),(E)
Public Benefits Public assistance: all. 703.140(b)(10)(A)
  Social Security benefits: all. 703.140(b)(10)(A)
  Unemployment compensation benefits: all. 703.140(b)(10)(A)
  Crime victims’ compensation benefits: all. 703.140(b)(10)(A)
  Veterans’ benefits: all. 703.140(b)(10)(B)
  Tools of trade such as tools, instruments, and books: up to $7,175 total. 703.140(b)(6)
Wages No exemption. (Federal nonbankruptcy wage exemption applies.)  
Wildcard Any property: up to $1,280. 703.140(b)(5)
  Any property: unused part of homestead or burial exemption. 703.140(b)(5)

Click here to read an Introduction to Bankruptcy Exemptions.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption